Hindsight is 20-20.
The Pregnant Workers Fairness Act, which took effect in June 2023, requires reasonable accommodations for pregnancy, childbirth, and “related medical conditions.” The statute gave authority to the U.S....more
8/1/2025
/ Department of Defense (DOD) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Labor Laws ,
Lactation Accommodation ,
Motion to Dismiss ,
Pregnancy Discrimination Act (PDA) ,
Pregnant Workers Fairness Act ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Reasonable Accommodation ,
Wage and Hour
Accommodate, accommodate, accommodate!
I started practicing law two years before Congress enacted the Americans with Disabilities Act (1990), and four years before it took effect (1992 for larger employers, 1994 for smaller...more
7/18/2025
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability Discrimination ,
Discrimination ,
Documentation ,
Employee Rights ,
Employees ,
Employer Responsibilities ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Forced Leave of Absences ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Reasonable Accommodation ,
Rehabilitation Act ,
Religious Accommodation ,
Retaliation ,
Wage and Hour
Happy Father's Day weekend, y'all!
How much do you know about dads in the workplace in our modern era? Take our quiz and find out!
Since today is Friday the 13th, I’m going to make this quiz a hard one. But, as always, the...more
6/13/2025
/ Discrimination ,
Employee Rights ,
Employer Responsibilities ,
Employment Discrimination ,
Family and Medical Leave Act (FMLA) ,
Gender Identity ,
LGBTQ ,
Paid Leave ,
Pregnancy ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
Sex Discrimination
Interesting decision this week from a three-judge panel of the U.S. Court of Appeals for the Second Circuit. A high school math teacher (we’ll call her “Ms. Plantagenet”) had post-traumatic stress disorder. Years earlier, her...more
3/28/2025
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Corporate Counsel ,
Disability Discrimination ,
Educational Institutions ,
Employee Rights ,
Employment Litigation ,
Failure to Accommodate ,
Reasonable Accommodation ,
Teachers ,
Undue Hardship
And you thought they’d be asleep the next four years. This week, the U.S. Equal Employment Opportunity Commission issued a press release indicating that the EEOC would be cracking down on antisemitism in the workplace, with...more
I reported a few weeks ago that President Trump fired two Democratic Commissioners of the Equal Employment Opportunity Commission (former Chair Charlotte Burrows and Jocelyn Samuels). He appointed Commissioner Andrea Lucas...more
2/21/2025
/ Civil Rights Act ,
Discrimination ,
Employee Rights ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
LGBTQ ,
Pregnancy ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
Title VII ,
Transgender ,
Trump Administration
A (not so) perfect cluster. Happy new year, everybody. During the holidays, a federal judge in Wisconsin ruled that an employee’s pregnancy discrimination claim will go to a jury. The plaintiff (we’ll call her “Katy”) was...more
Mayday! Mayday! Lately I’ve written about some court decisions that were good for employers. (See here and here.) The reason the outcomes were good is that the employers did the right things before their cases even got to...more
Santa knows best. Dear Kids: You know that Santa loves you, right? And he would never want to see anything bad happen to you? Good. Then please take Santa’s advice, now that you’re in the working world. Your employer may...more
Stuff's getting real. As many of you know, the U.S. Equal Employment Opportunity Commission is starting to sue employers who it claims are not complying with the reasonable accommodation requirements of the Pregnant Workers...more
Don't be this employer. (Allegedly.) Not long ago, I posted about an employer who won summary judgment in an FMLA case and noted five things that the employer did right, which helped it win. Sad to say, a decision came out...more
Easy? Ha! Last week, I posted about “fun” facts related to drugs and alcohol in the workplace. That post was an prelude to what I’ll talk about today: What employers ought to do. As I pointed out last week, marijuana is...more
9/6/2024
/ Alcohol Testing ,
Americans with Disabilities Act (ADA) ,
Controlled Substances ,
Decriminalization of Marijuana ,
Drug Testing ,
Illegal Drugs ,
Medical Marijuana ,
Prescription Drugs ,
Reasonable Accommodation ,
Wage and Hour ,
Workplace Safety
Warning -- I'm about to go on a rant. Do you ever read something in the news that just makes you go, "Sheesh, people!!!" Or words to that effect? And, no, I am not talking about the Presidential Election.
The Wall Street...more
If you follow these, you should be in great shape. Reasonable accommodation under the Americans with Disabilities Act continues to flummox many employers. But it shouldn’t be that hard, at least not in most cases. Here are...more
8/16/2024
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disclosure Requirements ,
Documentation ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Reasonable Accommodation ,
Wage and Hour
The legal challenges relate to "abortion accommodation." Not long ago, I blogged about two legal challenges to the regulations interpreting the Pregnant Workers Fairness Act. In one case, 14 state attorneys general filed...more
A lot has changed since Mother's Day 2023. Happy Mother's Day weekend, all, including you dads and kids (we couldn't have done it without you)!
How much do you know about pregnancy in the workplace in 2023? Take our quiz...more
5/10/2024
/ Americans with Disabilities Act (ADA) ,
Documentation ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Healthcare ,
Lactation Accommodation ,
Pregnancy ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Reasonable Accommodation ,
Title VII
*And are sorry you asked. Last Friday, the Equal Employment Opportunity Commission published its final regulations on the Pregnant Workers Fairness Act. The regulations will take effect on June 18, just under a year since...more
4/26/2024
/ Abortion ,
Adverse Employment Action ,
Americans with Disabilities Act (ADA) ,
Equal Employment Opportunity Commission (EEOC) ,
Pregnancy ,
Pregnant Workers Fairness Act ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Reasonable Accommodation ,
Reproductive Healthcare Issues ,
Title VII ,
Undue Hardship
At least one judge thinks so. A federal judge in Lubbock, Texas, has permanently enjoined the federal government from enforcing the Pregnant Workers Fairness Act against the State of Texas and its agencies and divisions....more
3/1/2024
/ Consolidated Appropriations Act (CAA) ,
Corporate Counsel ,
Equal Employment Opportunity Commission (EEOC) ,
Permanent Injunctions ,
Pregnant Workers Fairness Act ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Quorum ,
Reasonable Accommodation ,
Sovereign Immunity ,
Standing ,
Texas
These steps could help keep you out of trouble.
An employee in a safety-sensitive job who has been diagnosed with cancer is selected for a random drug test. The test result comes back positive for TCHA...more
2/9/2024
/ Americans with Disabilities Act (ADA) ,
Cannabis Products ,
Civil Rights Act ,
Department of Transportation (DOT) ,
Documentation ,
Drug Testing ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Marijuana ,
Medical Marijuana ,
Reasonable Accommodation ,
THC ,
Wage and Hour
Expect to see more of this.
A judge in Connecticut recently dismissed a lawsuit filed by a 26-year employee who developed early-onset Alzheimer's disease. According to the court's opinion, the employee had performed well...more
Was that impolite?
Miss Manners (or her kids, who are doing Judith Martin's old column much of the time) have weighed in on some employment law issues lately.
They really need to stick to advising their audience to send...more
That's one way to get employers to allow remote work.
We all know that employers with 15 or more employees are covered by the Americans with Disabilities Act and may have to provide reasonable accommodations to allow...more
As most of you know, the Pregnant Workers Fairness Act took effect on June 27, but employers had virtually no guidance regarding how to comply.
The PWFA requires employers with 15 or more employees to make reasonable...more
Nothing you wouldn't already have figured out.
This is not the most exciting employment law news, but the Equal Employment Opportunity Commission has issued some updates to its technical assistance on COVID-19. According to...more
Happy Mother's Day weekend.
How much do you know about the new Pregnant Workers Fairness Act, which will take effect only six short weeks from now? Take our Mother’s Day quiz and find out! You don’t have to be a mother (or...more